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Women: Victims of Domestic violence

Domestic violence essentially is violent acts that a family or household is guilty of committing or it could be a solo act by a family member or a household against each other. In the ambit of domestic violence, the perpetrators are a child abuser as well as a wife-beater. Any sort of physical injury may be caused to a family member or to a member of a household owing to some form of domestic violence. Domestic violence by definition includes all intended acts of physical, sexual, psychological or economic abuse. Anyone regardless of age, gender, the financial or economic background can be victims of domestic violence. The behavior pattern of domestic violence includes attempts of scaring, physically harming, or controlling a partner so on and so forth. Domestic violence isn’t limited to physical violence rather it extends to mental abuse as well.Types of domestic violence Physical Abuse: Physical hostilities are harmful behavioral patterns akin to physical abuse and aggression of all forms.Sexual Abuse: What it refers to is the sexual exploitation by coercing an unwilling partner to get into a sexual relationship. This sort of sexual harassment encompasses both verbal and physical torture including reproductive rights and forced abortions.Emotional Abuse: Any behavioral pattern exploiting someone’s weakness, insecurity or character is essentially emotional abuse happening during the abusive relationship characterized by unabated criticism, name-calling, embarrassing, and teasing.Call 7604047601 for consultation with registered expert domestic violence lawyers on Vidhikarya.

Posted By

Avik Chakravorty

2 weeks ago

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What is Live in Relationships and its benefits f...

A man and a woman not married, but having a live-in relationship is enough for the woman who is entitled to maintenance under the Protection of Women from Domestic Violence Act. But merely living a live-in relationship is not entitled to get maintenance. The woman has to show that though there was no marriage but the relationship was in the nature of marriage. Having sexual relations with a woman frequently is not a live-in relationship. It is a nature of living as a husband and wife without undergoing a marriage. "Relationship in the nature of marriage" must fulfill the following ingredients:- (a) The couple must hold themselves out to society as being akin to spouses. (b) They must be of legal age to marry. (c) They must be otherwise qualified to enter into a legal marriage, including being unmarried. (d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time. (e) The parties must have lived together in a 'shared household' as defined in Section 2(s) of the Act - Merely spending weekends together or a one night stand would not make it a 'domestic relationship'. (f) If a man has a 'keep' whom he maintains financially and uses mainly for sexual purpose and/or as a servant it would not, be a relationship in the nature of marriage. A legally wedded wife or divorced wife can claim maintenance from husband under Section 125 of the Criminal Procedure Code. A woman who was in a live-in relationship with a man but not legally wedded is not entitled to claim maintenance under Section 125 of the Criminal Procedure Code. However, if such a woman proves that she was in a domestic relationship with the man in this nature marriage would be entitled to claim maintenance under Section 20(3) of Protection of Domestic Violence At, 2005. The Supreme Court of India has also confirmed this proposition in the Velusamy Vs Patchaiammal case. This is a progressive judgment and a great boon to the suppressed women. Article by K.P.Satish Kumar M.L. Advocate Madras High Court

Posted By

Satish Kumar

1 month ago

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Consult Top Domestic Violence Lawyers in India

Neeraj  Sansaniwal

Neeraj Sansaniwal

Advocate
Exp
Chandigarh , Chandigarh

Specialization

  • Domestic Violence
  • Consumer Protection
  • Cheque Bounce
  • Civil
  • Criminal
We try to provide best services with great satisfaction at a very effective price. We are a team of lawyers which include lady lawyer senior lawyers. View Full Profile
MOHAN  ILAYARAJA

MOHAN ILAYARAJA

ADVOCATE
Exp
Puducherry , Puducherry

Specialization

  • Domestic Violence
  • Civil
  • Banking
  • Cheque Bounce
  • Consumer Protection
Dealing in all Civil, Consumer, Banking laws, SARFAESI Act, NI matters, and Family litigations etc in Puducherry and Proficient in drafting and vetting various documents, legal documents including Deeds and Agreements and Legal Opinions, empanelled in several banking institutions View Full Profile
Soumya  Singh

Soumya Singh

Senior advocate
Exp
Varanasi , Uttar Pradesh

Specialization

  • Domestic Violence
  • Criminal
  • Arbitration and Mediation
  • Cheque Bounce
  • Child Custody
Advocate Soumya Singh has been providing legal advice and services since 2015 and is an independent lawyer, practicing in various fields of law including Criminal Defense, Divorce. Advocate Soumya Singh has a deep understanding of Criminal Writs, Criminal Complaints, Domestic Violence. View Full Profile
Dwijendra  Mishra

Dwijendra Mishra

Advocate (Legal Counsel)
Exp
Lucknow , Uttar Pradesh

Specialization

  • Domestic Violence
  • Civil
  • Consumer Protection
  • Criminal
  • Property
l am sincere, hardworking and devoted person towards my duties and leave no stone unturned to please my superiors as well as clients both. View Full Profile
Ravindra Kumar Singh

Ravindra Kumar Singh

LAWYER
Exp
New Delhi , Delhi

Specialization

  • Domestic Violence
  • Civil
  • Cheque Bounce
  • Divorce
  • Criminal
Highly qualified group of Indian advocates, Indian legal advisers and Indian attorneys for all kinds of legal services with accurate and precise advice. View Full Profile
Ayush  Mishra

Ayush Mishra

Practicing Lawyer
Exp
South Delhi , Delhi

Specialization

  • Domestic Violence
  • Divorce
  • Consumer Protection
  • Motor Accident
  • Landlord And Tenant
I am practicing lawyer having an experience of more than 5 years with exposure and competence on diverse subjects with special focus on matrimonial disputes and consumer forums. Appearing and representing client before Hon'ble Supreme Court of India, High Court of Delhi and other states High Courts. View Full Profile
Apte & Dharap  Law Professionals.

Apte & Dharap Law Professionals.

Lawyer
Exp
Pune , Maharashtra

Specialization

  • Domestic Violence
  • Cheque Bounce
  • Child Custody
  • Civil
  • Consumer Protection
Our Firm is Pune based Law Firm which provides the legal services under various verticals. Firm has ambitious lawyers and hard working persons with a practical hands-on approach. We are detailed oriented professionals who always works to achieve the best results. View Full Profile
Vishal  Tyagi

Vishal Tyagi

Advocate
Exp
Muzaffarnagar , Uttar Pradesh

Specialization

  • Domestic Violence
  • Cheque Bounce
  • Criminal
  • Divorce
  • Juvenile
Hard worker View Full Profile
Anupam  Sharma

Anupam Sharma

Advocate
Exp
Agra , Uttar Pradesh

Specialization

  • Domestic Violence
  • Criminal
  • Cheque Bounce
I handle matters related to Criminal, family ( domestic violence, section 125crpc, section 9 Hindu marriage act) consumer forum, 138 n. I. Act. Chamber address : Gate no. 1 near district judge Court Diwani Civil Court Agra View Full Profile
Girdhari Lal  Chaurasia

Girdhari Lal Chaurasia

Advocate
Exp
Agra , Uttar Pradesh

Specialization

  • Domestic Violence
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
Advocate Girdhari Lal Chaurasia has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. View Full Profile
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  • What is domestic violence?
  • What are the laws in India on domestic violence?
  • Who experiences domestic violence?
  • What remedies are available for victims of domestic violence?
  • Are there any resources for male victims of domestic violence?
  • What causes domestic violence?

What is domestic violence?


Domestic Violence refers to any form of abuse which causes harm/injury to the mental and/or physical health of a woman which compromises her life and safety. Any form of harassment in lieu of dowry demands also constitutes domestic violence.

Indian laws aim at the deterrence and removal of domestic violence. To achieve this, a legislation called The Protection of Domestic Violence Act was passed which came into force in 2005. It aims at upholding the constitutional principles enshrined in Article 14, 15, 21 and the other policies which are in force in India.

As per The Protection of Women from Domestic Violence Act, 2005, every aggrieved woman or a child who is, or has been, in a domestic relationship with the perpetrator or the aggressor of the domestic violence, can avail the facilities provided by the act.

Domestic Relationship refers to a relationship between two persons who live or have, at any time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in nature of a marriage, adoption or are family members living together as a joint family.

There are several recognised forms of domestic violence, some of them are physical violence, emotional abuse, sexual assault, dowry harassment, and so on.

The Protection of Women from Domestic Violence Act, 2005 provides several reliefs, some of them are monetary reliefs, custody orders, ex-parte and interim orders, right of residence, and so on. An order made under The Protection of Women from Domestic Violence Act, 2005 is enforceable throughout India. If a person experiences domestic violence, then they must file a First Information Report (F.I.R), they can make use of The Protection of Women from Domestic Violence Act, 2005 and register a Domestic Incident Report (D.I.R). The Magistrate can also be directly approached in instances of domestic violence. Section 498A of the Indian Penal Code recognises cruelty to a woman as an offence. It is indicative of the Indian Law’s stance on the issue of domestic violence. Section 498A says the following –

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may exten

d to three years and shall also be liable to fine. The offence is Cognizable, non- compoundable and non-bailable.

Domestic violence is a heinous crime in which the victims often end up concealing the crime with their silence. Such crimes are psychologically damaging and act as a hindrance in achieving a healthy society. Appropriate steps must be taken to keep this social wrong in check.

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